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Darshan, the proprietor of film production company Shree Krishna International, had filed a suit for permanent injunction against Google India and YouTube, and their US parent, in 2011, in the district court of Gurgaon for infringement of his copyright. The court awarded damages of Rs 50,000 to Darshan and restrained Google and YouTube from infringing on his works.
Darshan has produced a dozen Bollywood films, including
‘Andaaz’, ‘Barsaat’ and ‘
Dosti’. His lawyers argued that the defendants had infringed on his copyright in respect of sound recording, cinematograph films and audio-visual songs, without any licence or authorisation from him.
They argued that the “unauthorised downloader” and the defendants were sharing the ad revenue generated from the “unauthorised exploitation” of the copyrighted works, causing huge financial losses to the petitioner.
Google and YouTube claimed they merely provided a platform for communication and sharing of information without charge.
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